1. Interpretation. In these terms the words ‘you’, ‘yours’, etc. refer to the seller and if the consignment of goods to us is made by an agent we assume that the seller has authorized the consignment and that the consignor has the seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to the auctioneers.
  2. Commission will be charged at 20% inclusive of VAT on all lots.
  3. Removal costs. Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
  4. Loss and damage. Provenance is not authorised by the FSB to provide insurance to its clients, and does not so do. However, Provenance, for its own protection, assumes liability for property consigned to it at low pre-sale estimate, until title passes to the buyer, or, at our valuation if no estimate has been agreed.
  5. Catalogue illustration. Where lots are illustrated in the auction catalogue and/or on our website we reserve the right to make a charge for this service.
  6. Minimum bids and our discretion. Goods may be offered subject to a reserve agreed between us before the sale in accordance with clause
  7. We may sell lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to 20% below the formal reserve.
  8. Reserves. You are entitled to place prior to the auction, a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. (a) a reserve once set cannot be changed except without our consent.
(b) where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally. (c) we may accept a bid of up to 20% below the formal reserve.
  9. Picture frames. Due to the fragile nature of picture frames, Provenance accept no responsibility whatsoever for any damage, howsoever caused, to picture frames whilst in our possession, either in the auction room, in store, or in transit.
  10. Descriptions. Please assist us with the accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with the seller if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under condition 12 of the conditions of sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery, but we are or ought to have been aware of it.
  11. Unsold items. If an item is unsold it may with our consent be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such item from the saleroom promptly on being so informed, otherwise storage charges may be incurred. We reserve the right to charge for storage in these circumstances at a reasonable daily rate.
  12. Withdrawn items. Items must be withdrawn by you in writing. Withdrawn lots are liable to incur a withdrawal fee if withdrawn after being catalogued and/or marketed by us. The withdrawal fee will be 30% of the low estimate plus VAT, plus any expenses incurred.
  13. Conditions of sale. You agree that all goods will be sold on our conditions of sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
  14. Authority to deduct commission and expenses and retain buyers’ premium and interest. (a) you authorise us to deduct commission at the stated rate, and all expenses incurred for your account, from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our conditions of sale, and any interest earned on the sale proceeds until the date of settlement. (b) you authorise us, at our discretion, to negotiate a sale by private treaty, in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction, and so far as appropriate these terms apply.
  15. Settlement. After sale, settlement of the net sum due to you normally takes place within 30 working days. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds.
  16. Data protection. Provenance will process and hold client details in accordance with the Data Protection Act guidelines and will not pass it to any other company or organisation unless legally required to do so.
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